The Crown Can Do No Wrong, Except Where It Does: The History, Development, and Basis of Legal Standards Applicable to Florida Local Government Zoning Decisions

The legal standard of review for local government decisions is really important because it determines whether the decision is upheld or not. The main standard is the rational basis test, which says that government decisions should be upheld if they are made in a good-faith and defensible manner. However, even this standard doesn’t protect decisions that are completely irrational. There are also different standards for certain governmental acts, like the Snyder rule for zoning decisions. Basically, local governments have their own powers and responsibilities separate from the federal and state governments. Local governments in Florida only have the power that the state allows them to have. The state government decides how much authority local governments can have. In 1973, the Florida Legislature passed a law giving more power to local governments, but there are still rules they have to follow. With Florida’s population growing, local governments are pushing the boundaries of their authority, which means that courts and other authorities have to look closely at what they’re doing. The “rational basis” test is a legal standard used to review government actions. It means that if there is any possible reason that justifies a law, then it is considered valid.

In the case of zoning laws, the “fairly debatable” test is used, which is similar to the rational basis test. This means that if there is any argument that supports a zoning law, then it is likely to be upheld as valid. Florida zoning laws have developed over time, with the Supreme Court upholding ordinances that exclude certain types of buildings from residential areas for the health and safety of the community. The “fairly debatable” rule gives a lot of deference to zoning decisions, but it still must have a substantial relation to public health, safety, morals, or general welfare. Before 1973, zoning in Florida was discretionary, and a comprehensive plan was required. A comparison of two cases before and after a landmark Supreme Court case shows how zoning laws have evolved in Florida. The Shad court said that a grocery store is not a health menace or a nuisance, and that the government can regulate property use. However, they can’t restrict the use of property in a city if it doesn’t affect public health, safety, morals, peace or comfort. Later, the Florida Supreme Court said that a city can have zoning powers, as long as it’s not arbitrary and it relates to public health, safety, and welfare. The state legislature also gave cities the power to make zoning codes in 1939. In 1941, the Florida Supreme Court set a standard for zoning laws called the “fairly debatable standard,” which meant that as long as a zoning law made sense and didn’t violate the constitution, it would be upheld. This led to a lot of new zoning laws being created in Florida. Some people weren’t happy about this and argued that it gave too much power to local government and didn’t protect property rights. A book called “The Zoning Game” suggested that each state should have specific rules for making zoning laws to make sure they were fair. Bosselman proposed new zoning legislation and influenced changes in Florida’s land use control laws. The Snyder case ultimately changed zoning laws in the state. The Snyders wanted to change their zoning, but the county commission made a decision without giving a reason. The court ultimately ruled in the Snyders’ favor, changing the way zoning decisions are made in Florida. The Fifth District court looked at how local governments make decisions about zoning and found that political factors can play a big role. They said that rezoning decisions can be seen as either legislative (like making a law) or quasi-judicial (like making a specific decision based on a hearing). They also set out a process for how the burden of proof is decided in quasi-judicial standards. In zoning law, if someone wants to change the rules for how a piece of land can be used, they have to prove that there’s a good reason for the change. If they can prove that, then the government or another party has to show a good reason for keeping things the same. There are different rules for different types of zoning changes, and it’s important to understand why these rules exist. This is a list of legal sources and cases related to the powers of local government in Florida. It discusses how local governments have the power to make their own laws, known as “home rule,” and how this power is defined and limited by the state constitution and laws. It also includes cases and articles that discuss the authority of local governments to regulate land use and zoning. In a legal case called Snyder I and Snyder II, the court emphasized the importance of effective judicial review in rezoning actions to prevent abuse and arbitrariness. The burden of proving compensable taking was initially on the applicant, but was later replaced with the remedy of quashal. These cases were discussed by the Environmental and Land Use Law Section.

Source: https://www.floridabar.org/the-florida-bar-journal/the-crown-can-do-no-wrong-except-where-it-does-the-history-development-and-basis-of-legal-standards-applicable-to-florida-local-government-zoning-decisions/